The Legal Services Act 2007 (the Chartered Institute of Patent Attorneys and the Institute of Trade Mark Attorneys) (Modification of Functions) Order 2014

EXPLANATORY NOTE

(This note is not part of the Order)

This Order modifies the functions of the Chartered Institute of Patent Attorneys (CIPA) and the Institute of Trade Mark Attorneys (ITMA) in respect of their regulatory arrangements as approved regulators under the Legal Services Act 2007 (“LSA 2007”).

The regulation of legal services in England and Wales is governed by the LSA 2007. Under the Act only a person who is authorised or who is exempt from the requirement to be authorised may carry on a reserved legal activity (s.12 LSA 2007). Authorisation can be given only by approved regulators and, in relation to Alternative Business Structures or ‘ABS’ (described as licensable bodies in the LSA 2007), takes the form of licensing. An approved regulator may only authorise an ABS if it has been designated by the Lord Chancellor as a licensing authority (Part 5 and Schedule 10 LSA 2007).

Approved regulators regulate the activities of persons that they authorise by means of regulatory arrangements which are approved by the Legal Services Board. In relation to ABS these arrangements take the form of licensing rules (Schedule 11 LSA 2007). CIPA and ITMA are both approved regulators. Together they carry out their regulatory arrangements under the title of the Intellectual Property Regulator (IPReg).

Part 1 makes provision modifying or otherwise setting out the scope of the powers exercisable by CIPA both in its role as an approved regulator under the Legal Services Act 2007 (see Articles 3 to 5) and in its role as a licensing authority (see Articles 6 to 8). Article 9 introduces Schedules 1 and 2 which make further provision about regulatory arrangements that CIPA may make. These relate to the exercise of powers by CIPA in both these roles. The sorts of powers dealt with in the order relate to requirements for authorised bodies to appoint heads of finance and legal practice, disciplinary measures that may be imposed on authorised persons and arrangements for compensation and indemnification of authorised persons.

Part 2 and Schedules 3 and 4 make equivalent provision for ITMA.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector can be found at www.legislation.gov.uk or obtained from the Head of Legal Services Policy, Law and Access to Justice Group, Ministry of Justice, 102 Petty France, London, SW1H 9AJ.